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Wednesday, 15 Feb 2017

Written Answers Nos. 76-86

Defence Forces Training

Ceisteanna (77)

Martin Heydon

Ceist:

77. Deputy Martin Heydon asked the Taoiseach and Minister for Defence the status of the development of a peace and leadership institute at the Curragh Camp; the next steps relating to this project; and if he will make a statement on the matter. [7350/17]

Amharc ar fhreagra

Freagraí scríofa

The Programme for a Partnership Government and the White Paper on Defence published in 2015 include a commitment to evaluate the potential development a new Institute for Peace Support and Leadership Training at the Defence Forces Training Centre in the Curragh. It is foreseen that the new Institute will have international standing and contribute to the overall development of knowledge and experience in the areas of peace support, leadership and conflict resolution.

Scoping work was carried out on the proposal throughout 2016 and still continues. A concept paper has been developed and some initial consultation with national and international third level and research institutes and potential philanthropic contributors has also taken place. The evaluation is expected to be completed in 2017.

Proposed Legislation

Ceisteanna (78)

Aengus Ó Snodaigh

Ceist:

78. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence if he will consider introducing legislation similar to the Defence Forces (Second World War Amnesty and Immunity) Act 2013 to pardon Free State troops who were executed or imprisoned by the State for switching allegiance to the IRA during the Civil War. [7301/17]

Amharc ar fhreagra

Freagraí scríofa

The Act referred to in the legislation was introduced so as to provide for the granting of an amnesty and, as appropriate, an immunity from prosecution, to those members of the Defence Forces who served with Forces, (including the Armed Forces of a country) fighting on the Allied side during the Second World War and were subsequently found guilty by a Military Tribunal of, or who were or who still are liable to be prosecuted for, desertion or being absent without leave, or who were dismissed from the Defence Forces. The circumstances giving rise to that legislation are very different to those which relate to what the Deputy now seeks.

As the Deputy will appreciate, commemoration and remembrance of the events leading up to the establishment of the State and of the immediate period thereafter will require detailed and empathetic consideration. The Government will continue to mark significant events throughout the Decade of Centenaries.  This will be based on the inclusive, open and consultative approach that has worked so well for last year’s commemoration of the centenary of the 1916 Rising.  At all times, the Government has been supported in its plans by the guidance and advice of the Expert Advisory Group on Commemorations, which was established by the Taoiseach in 2011 and which is chaired by Dr Maurice Manning.  The role of the group is to advise the Government on historical matters relating to the Decade of Centenaries and to ensure that significant events are commemorated accurately, proportionately and appropriately.

At this time no proposals in relation to the issue raised by the Deputy or events related thereto have been brought forward.

Appointments to State Boards

Ceisteanna (79)

John Lahart

Ceist:

79. Deputy John Lahart asked the Taoiseach the number of non-Irish nationals who have been appointed to State and semi-State boards. [7536/17]

Amharc ar fhreagra

Freagraí scríofa

I make appointments to the National Economic and Social Council (NESC) in accordance with the provisions of the National Economic and Social Development Office Act 2006, and the National Economic and Social Council (Alteration of Composition) Order 2010 - SI 603/2010.

The legislation provides that I appoint up to 20 members on the nomination of the organisations and interests set out, up to 6 public servants, and up to 8 independent members. Of the 8 independent appointees, members are mainly from the academic sector and nationality is not a specific criterion for appointment. The five year term of the NESC has expired and consideration of the arrangements for a new Council is ongoing.

The Statistics Act 1993 gives me authority to make appointments to National Statistics Board (NSB). I have delegated this authority to the Minister of State at my Department and Government Chief Whip, Regina Doherty TD.

The Statistics Act 1993 provides for an eight member National Statistics Board, the Director General of the CSO, ex officio; one representative each from my Department and the Department of Finance, two nominated by the Minister of State and three by organisations representative of the users of official statistics and providers of information under the Act. The term of the NSB ended on 31 December last. Nationality is not a criterion for appointment to the NSB.

I do not have any information in relation to the nationality of members on both boards but the names of each member is available on www.stateboards.ie which is managed by the Department of Public Expenditure and Reform.

Appointments to State Boards

Ceisteanna (80)

John Lahart

Ceist:

80. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the gender breakdown on State and semi-State boards since 2011. [7537/17]

Amharc ar fhreagra

Freagraí scríofa

While I have a lead and coordinating role, it is a matter for each Minister to ensure that each State board under his or her aegis has the appropriate gender balance. From the information provided to my Department, in August 2016 43.0 per cent of State boards had met the target of 40 per cent representation of each gender. Overall 37.8 per cent of places on State boards were held by women. This is a positive step forward over December 2011, when female representation on State boards was 33.9 per cent and 31.3 per cent of State boards had met the 40 per cent target.

As the Deputy will be aware, the achievement of gender balance of 40 per cent on State boards is a target in the Programme for a Partnership Government and will be pursued as part of the forthcoming National Women's Strategy.

Legal Services Regulation

Ceisteanna (81)

Jim O'Callaghan

Ceist:

81. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the Legal Services Regulatory Authority will commence; and if she will make a statement on the matter. [7462/17]

Amharc ar fhreagra

Freagraí scríofa

The setting-up of the Legal Services Regulatory Authority has been under way since 19 July 2016 when, under S.I. No. 383 of 2016, I commenced those provisions of Part 1 and Part 2 of the Legal Services Regulation Act 2015 as necessary to get the new Authority up and running, particularly in terms of its membership and appointment. On 29 September 2016, I signed the Order appointing 1 October 2016 as the official “establishment day” of the Regulatory Authority as provided under section 7 of the 2015 Act - S.I. No. 507 of 2016 refers. In conjunction with these initial steps the nomination, approval and appointment procedures for the members of the new Legal Services Regulatory Authority set out in Part 2 of the 2015 Act were also completed. This has included the required resolutions approving such appointment having been passed by each House of the Oireachtas. Dr. Don Thornhill has also been appointed as Chairperson of the Regulatory Authority in accordance with the Act.

The Authority, which has eleven members including a lay majority and lay-Chairperson, held its inaugural meeting on 26 October 2016 and has been meeting monthly since then with its most recent meeting having taken place on 19 January 2017. Initial office accommodation has been provided for the Authority by my Department along with the secondment of an officer at Assistant Principal level in support of its start-up phase. Funding support of €1 million has also been provided to the new Authority by my Department in December on a strictly recoupable basis as the new Authority will be self-funding by levy. In the building up of capacity and resources to become fully operational, the Legal Services Regulatory Authority has recently appointed a person to fulfil the duties of its Chief Executive on a solely interim basis to drive the initial start-up phase. At the same time this will enable the Authority to prepare the way for the public recruitment of a full-time Chief Executive in the coming months having had the opportunity to more clearly identify its existing and future management needs and capacities in real time.

As part of the commencement of Part 2 of the 2015 Act, the Law Society, the Bar Council and the Honourable Society of the King's Inns have furnished the Legal Services Regulatory Authority with copies of their professional codes as required within one month of the Authority's establishment under section 23(6)(a). On 5 December 2016, under S.I. No. 630 of 2016, I also commenced sections 118 to 120 of the 2015 Act. These provisions set statutory delivery deadlines for the completion of public consultations and reports by the new Regulatory Authority on the specified matters concerned. These relate to Legal Partnerships, Multi-Disciplinary Practices and certain restrictions on barristers in relation to direct access on contentious matters and the holding of clients' monies. The working focus right now is on the managed roll-out of the Authority's remaining functions in tandem with the phased commencement during the year of the various remaining Parts and provisions of the 2015 Act.

The current focus includes the phased commencement of respective sections or Parts of the 2015 Act such as those dealing with the introduction of a more transparent legal cost regime, the establishment of a Roll of Practising Barristers and the separate introduction under the Act of Pre-Action Protocols. It also includes the transition of the Office of the Taxing-Master to that of the new Office of the Legal Costs Adjudicator which is a substantial structural reform of an office of the High Court and for which I have also introduced and commenced additional supporting measures under the Courts Bill which was enacted on 28 December 2016. Following these steps the key provisions centred around Part 6 of the Act dealing with the new public complaints and professional conduct and disciplinary procedures, and the appointment of the new Legal Practitioners Disciplinary Tribunal, will be commenced.

These are substantial tasks involving detailed preparation for which I know the new Authority, with the direct engagement of its interim Chief Executive, is actively building up its working resources in the short term. My Department and the new Regulatory Authority will, therefore, continue to liaise closely to ensure that we can successfully coordinate the identification of necessary steps and commencement, from my side as Minister, and delivery, by the Authority as the new independent statutory regulator, of the various provisions concerned.

Court Judgments

Ceisteanna (82)

Caoimhghín Ó Caoláin

Ceist:

82. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice and Equality the number of persons who received custodial sentences for the non-payment of fines broken down by period of sentence, for example, less than one week, more than one week and less than one month, one to three months and other, for each of the years 2013, 2014 and 2015; and if she will make a statement on the matter. [7504/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Irish Prison Service has provided the following information:

Warrant Overall Length Grp

Year 2013

Year 2014

Year 2015

Less than 1 week

3,568

3,856

4,230

1 week to less than a month

3,959

4,570

5,211

1 month to less than 3 months

413

395

306

3 months to less than 6 months

180

157

134

6 months to less than 12 months

1

1

1

12 months to less than 24 months

0

0

1

Total

8,121

8,979

9,883

For all fines imposed up to 10th January, 2016, the Judge, in fixing the fine, also fixed the period of time to be spent in prison if the fine wasn't paid.

The Deputy will be aware that with effect from 11 January, 2016 the Fines (Payment and Recovery) Act 2014 was commenced with the new system for the payment and recovery of fines being implemented on that date. Under this Act the law has been radically reformed in relation to the payment and recovery of fines. The Act provides an appropriate response to the problems of the refusal or failure of some people to pay fines and the inappropriateness of imprisonment as the automatic response where this happens. The system that is now in place is logical and proportionate and provides an option for persons to pay fines by instalment along with other changes in the way those who fail to pay fines are dealt with.

Court Judgments

Ceisteanna (83)

Caoimhghín Ó Caoláin

Ceist:

83. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice and Equality the number of persons who received a custodial sentence for possession of a proscribed substance that was clearly intended for their own personal use, broken down by period of sentence, for example, up to one month, one to three months, three to six months, six to 12 months and greater than one year, for each of the years 2013, 2014 and 2015; and if she will make a statement on the matter. [7505/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that court statistics do not define or categorise cases in relation to possession of a proscribed substance intended for personal use and therefore the Courts Service is not able to provide the information requested by the Deputy.

Child Abuse

Ceisteanna (84)

Catherine Martin

Ceist:

84. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality further to Question No. 1682 of 17 January 2017, the role the Garda will have in the process of creating a national service model for sexual abuse services for children and their families; and if she will make a statement on the matter. [7508/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the development of the national service model which she refers to is a matter for my colleague the Minister for Children and Youth Affairs. However, to be of assistance to the Deputy, I have made enquiries with the Department of Children and Youth Affairs and am advised that Tusla, the Child and Family Agency, is currently leading a national, multiagency process to implement a national service model for sexual abuse services for children and their families. Tusla has advised that An Garda Síochána are represented on the National Steering Committee for Sexual Abuse Services which has been established to facilitate and promote integration and coordination of the key stakeholder agencies in the development of sexual abuse services for children in Ireland. I understand that other agencies involved in this process are Tusla, the HSE, the Children's Hospital Group, the Probation Service and the CARI Foundation.

Youth Justice Strategy

Ceisteanna (85)

Catherine Martin

Ceist:

85. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality when the annual reports of the committee appointed to monitor the effectiveness of the diversion programme for 2015 and 2016 will be published; and if she will make a statement on the matter. [7509/17]

Amharc ar fhreagra

Freagraí scríofa

The Annual Reports of the Committee appointed to monitor the effectiveness of the statutory Diversion Programme provide an overview of youth crime in the particular year in question. As such, the reports include details of, inter alia, the number of incidents and individual children and young people referred to the Diversion Programme and the outcomes of such referrals, including a geographical breakdown by Garda region and division.

Section 44 of the Children Act 2001 (as amended) requires the Garda Commissioner to submit the Committee's reports to me for laying before the Houses of the Oireachtas. The 2015 Annual Report of the Committee has been laid before the Houses and a copy is also available on the Irish Youth Justice Service's website at www.iyjs.ie.

The 2016 Annual Report is not yet available to me for publication from the Garda Commissioner.

Probation and Welfare Service

Ceisteanna (86)

John Lahart

Ceist:

86. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the details of the budgets provided to the Probation Service for dealing with graffiti in the Dublin region; and if she will make a statement on the matter. [7548/17]

Amharc ar fhreagra

Freagraí scríofa

The Probation Service operates two graffiti removal projects as part of the Community Service Scheme. One project is based in Dublin and one in Cork. The Probation Service does not have a dedicated graffiti removal project budget. The funding for the graffiti projects is included in the overall community service budget which for 2017 is €2.897 million.

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